BANK OF COMMERCE v. PAINE, WEBBER, J. & C.

No. 295.

39 Wis.2d 30 (1968)

158 N.W.2d 350

BANK OF COMMERCE, Respondent, v. PAINE, WEBBER, JACKSON & CURTIS and another, Appellants: SWIDLER, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided May 7, 1968.


Attorney(s) appearing for the Case

For the appellants there were briefs by Foley, Sammond & Lardner, attorneys, and Marvin E. Klitsner, John R. Collins, and James O. Huber of counsel, all of Milwaukee, and oral argument by Mr. Collins and Mr. Huber.

For the respondent there was a brief by Petrie, Stocking, Meixner & Zeisig, attorneys, and Edmond F. Zeisig of counsel, all of Milwaukee, and oral argument by Edmond F. Zeisig.


BEILFUSS, J.

The principal issue, as presented by the parties, is whether the maker of a negotiable instrument, a bank check, is foreclosed or estopped from asserting a defense against a holder not in due course when the maker has, prior thereto, obtained a judgment against the payee.

The appellant sets forth other issues: (1) That the trial court assumed the plaintiff is a holder in due course when admittedly the...

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